In a monumental victory for LGBTQ+ rights, Aetna has reached a groundbreaking settlement addressing medical discrimination in fertility coverage.
The insurance giant has agreed to pay $2 million to settle a class action lawsuit and revamp its policies to provide fairer access to fertility treatments for queer couples, marking a significant step forward in ending discriminatory practices against the LGBTQ+ community.
The lawsuit, Goidel et al. v. Aetna, was initiated in September 2021 by Emma Goidel and Ilana Caplan, a couple who faced unjust obstacles while seeking fertility treatment.
Despite being covered under Caplan’s Aetna insurance plan, they discovered that certain fertility treatments were only accessible to heterosexual couples experiencing infertility through intercourse, creating what they termed a “queer tax” for LGBTQ+ individuals.
Under Aetna’s previous policies, heterosexual couples could easily access coverage for fertility treatments by confirming their difficulties conceiving through intercourse. However, LGBTQ+ couples faced unclear criteria and significant financial burdens to qualify for the same assistance.
This disparity, termed the “queer tax,” could cost queer families up to $100,000, requiring multiple rounds of out-of-pocket fertility treatments before coverage eligibility.
Emma Goidel, the lead plaintiff, highlighted the injustice of this policy, emphasizing the financial and emotional toll it exacted on LGBTQ+ couples. Despite enduring multiple rounds of costly treatments, including intrauterine insemination (IUI) and in vitro fertilization (IVF), Goidel and Caplan were denied coverage by Aetna solely based on their partnership.
The lawsuit argued that Aetna’s policies violated the Affordable Care Act (ACA), which prohibits health care discrimination based on sex and sexual orientation. Notably, the Biden administration’s recent reinstatement of healthcare protections for LGBTQ+ individuals bolstered the plaintiffs’ case, underscoring the urgent need for equitable access to reproductive care.
On May 3rd, a landmark settlement was reached in the U.S. District Court for the Southern District of New York. Aetna, while denying liability, agreed to overhaul its clinical policies to ensure equal access to fertility treatments for all plan members, irrespective of sexual orientation.
The company committed to adopting guidelines from the Association of the Society of Reproductive Medicine and introducing a standard health benefit plan covering artificial insemination for all members.
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In addition to policy reforms, Aetna agreed to establish a $2 million common fund to compensate class members and cover administrative costs. The company also pledged to reprocess eligible insurance claims to reimburse class members for out-of-pocket expenses incurred during artificial insemination cycles.
While this settlement addresses Aetna’s discriminatory practices, it sheds light on broader issues within the insurance industry. Many large insurers still do not provide automatic coverage for fertility treatments to same-sex couples, perpetuating systemic inequalities.
However, Aetna’s commitment to reform sets a precedent for other insurers to review and revise their policies, ensuring equitable access to fertility care for all individuals.
Emma Goidel expressed hope that Aetna’s actions would inspire other insurance companies to prioritize inclusivity and equality in their coverage policies. This landmark settlement represents a significant victory for LGBTQ+ families and a crucial step towards dismantling barriers to reproductive justice.